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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 5 April 2025
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Displaying 1411 contributions

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Standards, Procedures and Public Appointments Committee [Draft]

Scottish Elections (Representation and Reform) Bill

Meeting date: 31 October 2024

Martin Whitfield

DCI Chisholm, would you like to add anything else?

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Elections (Representation and Reform) Bill

Meeting date: 31 October 2024

Martin Whitfield

I assume that Police Scotland, through the chief constable, takes full responsibility for the notification enforcement and requirements, and that the overseas court would have nothing to do with that.

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Elections (Representation and Reform) Bill

Meeting date: 31 October 2024

Martin Whitfield

The other bodies that are involved in MAPPA, especially the health bodies, have other obligations that relate to the care of the individual—indeed, they have very strong obligations to undertake certain actions. That is completely separate from the SONR stuff. We are simply talking about people’s best endeavours with regard to notification so that everyone is aware of an individual’s risk profile because, at the end of the day, MAPPA is about protecting the public from the specific risks that someone might present. It is not a sentence; it is about how an individual can remain in the community, while being monitored appropriately to a level that provides reassurance to the public that, as far as possible, they are safe. Is that right?

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Elections (Representation and Reform) Bill

Meeting date: 31 October 2024

Martin Whitfield

So, MAPPA is the best vehicle for sharing data to ensure that the various appropriate bodies are aware of those individuals who come under the notification scheme, know their location and know what support is needed. However, nothing under MAPPA removes from the chief constable the administrative obligations that exist under SONR. Those remain with the chief constable, although they delegate them, as you have said. Therefore, the final responsibility with regard to matters such as the indefinite period still rests with Police Scotland and the chief constable.

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Elections (Representation and Reform) Bill

Meeting date: 31 October 2024

Martin Whitfield

Therefore, although the wording “indefinite period” is used, the period of time that an individual spends under the notification is reviewed and, if the individual remains in a notification situation, it is because the police have reviewed the situation and assessed that individual as posing a continuing risk.

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Elections (Representation and Reform) Bill

Meeting date: 31 October 2024

Martin Whitfield

What test do the police use to decide whether the notification period should come to an end? Is a set of tests applied?

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Elections (Representation and Reform) Bill

Meeting date: 31 October 2024

Martin Whitfield

Under the notification system, the interaction between the police and the individual in front of them is a bespoke—to use your word—process.

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Elections (Representation and Reform) Bill

Meeting date: 31 October 2024

Martin Whitfield

Under a civil order, once the formal notification is made, the individual is required, as you said, to notify the police of their name, address and various other details, and to keep that information up to date if circumstances change. Are the police made aware in any other way of individuals who should update the register, or is the obligation on the individual?

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Elections (Representation and Reform) Bill

Meeting date: 31 October 2024

Martin Whitfield

For the purposes of the bill, we are looking at registration. Registration could have been occasioned through a civil case, which involves a different burden of proof and such things, but Police Scotland would treat individuals who were subject to notification requirements in exactly the same way, irrespective of why the notification arose. Does that make sense?

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Elections (Representation and Reform) Bill

Meeting date: 31 October 2024

Martin Whitfield

That is a parallel of chief constables’ responsibility to review indefinite notification requirements and to actively remove orders that cease to be needed. If a chief constable chooses not to remove an order, the decision could still be sent for review to a sheriff at the request of the individual to whom the order applies.